Deputy IGG Mariam Wangadya
Kampala- The Inspector General of Government
(IGG) has ordered the Judiciary to refund $26,000 (about Shs93.6m),
which was shared by court officials at the Makindye-based Family Court.
The
money had been deposited to court for ‘safe custody’ upon an order
pending disposal of a
divorce case between Ms Rachael Kisakye Nalukwago and then estranged husband Ryan Nobert Kaminski, an American citizen, in February 2016.
divorce case between Ms Rachael Kisakye Nalukwago and then estranged husband Ryan Nobert Kaminski, an American citizen, in February 2016.
“This is, therefore, to direct you to,
within 45 days, refund the $25,924 that was deposited with the court to
Ms Rachael Kisakye Nalukwago Kaminski and Mr Ryan Nobert Kaminski and
thereafter pursue Mr Paul Mwemeke (former cashier) with a view to
prosecuting him and recovering the said sum of money from him,” Deputy
IGG Mariam Wangadya ordered.
In the September 13 order
to the Judiciary permanent secretary, Mr Kagole Kivumbi, the ombudsman
observed that the Judiciary is liable and should refund the money to the
parties.
Ms Wangadya also ordered the Judiciary to
update the Inspectorate on the development within 60 days from the date
of receipt of the order.
Mr Kivumbi confirmed receipt of the directive. “As you read in the report, the money was never received by the Judiciary, so I am still consulting the Solicitor General on how to implement the (IGG) directive,” Mr Kivumbi said in a telephone interview.
Mr Kivumbi confirmed receipt of the directive. “As you read in the report, the money was never received by the Judiciary, so I am still consulting the Solicitor General on how to implement the (IGG) directive,” Mr Kivumbi said in a telephone interview.
The matter
The IGG directive was in regard to a complaint in which High Court Registrar Justine Atukwasa and Mr Mwemeke were accused of stealing $25,924, which had been deposited by the litigants.
The IGG directive was in regard to a complaint in which High Court Registrar Justine Atukwasa and Mr Mwemeke were accused of stealing $25,924, which had been deposited by the litigants.
Upon mediation of
the case, a consent agreement was signed and, among others, the couple
agreed to share the money but the registrar and the cashier failed to
pay it back.
“In an internal memo dated March 29, 2017,
to the Secretary to the Judiciary, Mr Mwemeke acknowledged failing to
avail the money when the parties to the divorce cause demanded for it on
March 10, 2018. In the same memo, he apologised and undertook to refund
the money within three months,” reads the IGG letter, adding that Mr
Mwemeke has since disappeared.
According to the IGG, Mr
Mwemeke did not bank the money on the Judiciary account. “It was
established that the petitioner deposited the said funds with the High
Court Family Division and not an individual following a lawful decision
from the same court and the funds could not be refunded to the parties
because its employee, Mr Mwemeke, spent the funds,” reads the report.
ekasozi@ug.nationmedia.com
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